Parente v. De Los Santos
REITERATIONFacts
The Antecedents: An administrative complaint was filed against the respondent Municipal Judge for allegedly failing to take action against one Alejandro Begonte, who had reportedly confessed to killing Pablito Sison. The complainant alleged that the respondent judge had conducted a preliminary investigation. Procedural History: The complaint was investigated by Judge Leon Rojas, Jr. The investigation revealed that the respondent judge had not actually conducted a preliminary investigation. Instead, affidavits from witnesses and the victim's father were sworn before the respondent judge, while Begonte's supposed confession was sworn before the Municipal Mayor of Gandara, Samar. No criminal complaint was ever filed with the respondent judge. Notably, the victim's father submitted an affidavit requesting that no one be prosecuted for his son's death. The Petition: This matter concerns an administrative complaint filed by Gaspar Parente against Hon. Fernando De Los Santos, Municipal Judge of Sta. Margarita, Samar, for alleged inaction on a confessed killing.
Issue(s)
Whether the respondent Municipal Judge committed misconduct by failing to act on a confessed killing despite conducting a preliminary investigation.
Ruling
The administrative complaint is dismissed. The findings of the investigator, which were approved by the Court, indicated that the respondent judge did not conduct a preliminary investigation, no criminal complaint was filed, and the victim's father requested no prosecution. Therefore, the respondent judge was exonerated.
Ratio Decidendi
On Whether the respondent Municipal Judge committed misconduct by failing to act on a confessed killing despite conducting a preliminary investigation: The Court found that the respondent judge did not commit misconduct. The investigator's report, which the Court adopted, established that the respondent judge had not, in fact, conducted any preliminary investigation as alleged. The affidavits presented were sworn before the respondent judge, but the supposed confession of the perpetrator, Alejandro Begonte, was made and sworn to before the Municipal Mayor of Gandara, Samar. Crucially, no criminal complaint was ever filed by the Chief of Police or any other person with the respondent judge. Furthermore, the affidavit of the deceased's father, Felipe Sison, explicitly requested that nobody be prosecuted for the death of his son. Given these factual findings, the respondent judge had no formal complaint or confession properly before him that would necessitate further action or prosecution. The recommendation for exoneration by the investigator was therefore approved and the case dismissed.
Main Doctrine
An administrative complaint against a municipal judge for failure to act on a confessed killing must be dismissed if the investigation reveals that no criminal complaint was filed, the supposed confession was made before another official, and the victim's father requested that no one be prosecuted. The judge's actions were found to be in accordance with the facts presented and the absence of a formal complaint.